On Thursday, the U.S. District Court for the Southern District of New York granted President Trump’s motion to dismiss in CREW v. Trump, a case alleging that Trump’s business interests violate the Domestic and Foreign Emoluments Clauses of the United States Constitution. Judge George B. Daniels grants Trump’s Rule 12(b)(1) motion to dismiss, finding that the plaintiffs lack Article III standing. The court also finds that the case presents a non-justiciable political question and that the plaintiffs’ Foreign Emoluments Clause claims are not ripe for adjudication. The courts states, however, that it “does not reach the issue of whether Plaintiffs’ allegations state a cause of action under either the Domestic or Foreign Emoluments Clauses, pursuant to Rule 12(b)(6)” or “whether the payments at issue would constitute an emolument prohibited by either Clause.”

On Friday, the U.S. Court of Appeals for the Ninth Circuit issued its opinion in Hawaii v. Trump, affirming the district court’s order enjoining portions of President Trump’s Proclamation 9645 (also known as Travel Ban 3.0). The per curiam opinion—by Judges Michael Daly Hawkins, Ronald M. Gould, and Richard A. Paez—concludes that the Proclamation exceeds the President’s statutory authority under the Immigration and Nationality Act.The court does not address whether the Proclamation also violates the Establishment Clause. The court does, however, limit the scope of the district court’s preliminary injunction to “foreign nationals who have a bona fide relationship with a person or entity in the United States.”

And on Saturday, the U.S. District Court for the District of Columbia issued an order in ACLUF v. Mattis, denying the Defense Department’s motion to dismiss a petition for a writ of habeas corpus filed on behalf of an American citizen being detained by U.S. forces in Iraq. Judge Tanya S. Chutkan concludes that the American Civil Liberties Union Foundation (ACLUF) has standing under Article III as the detainee’s “next friend.” The court also orders the Defense Department to allow ACLUF “immediate and unmonitored access to the detainee for the sole purpose of determining whether the detainee wishes for the ACLUF to continue this action on his behalf,” and “to refrain from transferring the detainee until the ACLUF informs the court of the detainee’s wishes.”